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Short title and

Commencement.

( 1304 )

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, MARCH 8, 2021

(PHALGUNA 17, 1942 SAKA)

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 8th March, 2021

No. 11-PLA-2021/13.-The Punjab Excise (Amendment) Bill, 2021 is

hereby published for general information under the proviso to rule 121 of the

Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha

(Punjab Legislative Assembly):-

BILL NO. 11-PLA- 2021

THE PUNJAB EXICE (AMENDMENT) BILL, 2021

A

BILL

further to amend the Punjab Excise Act, 1914.

BE it enacted by the Legislature of the State of Punjab in the

Seventy-second Year of the Republic of India as follows:-

1.

(1)

This Act may be called the Punjab Excise (Amendment) Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

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2.

In the Punjab Excise Act, 1914 (hereinafter referred to as the principal

Act), in section 61, in sub-section (1),-

(i)

after clause (c) and before the proviso, for the words “three years”,

the words “five years” shall be substituted; and

(ii)

in the proviso, in item (v), for the words and sign “ten cases i.e.

Ninety”, the words and sign “twenty-seven” shall be substituted.

3.

In the principal Act, after section 61, the following section shall be inserted,

namely:-

“61-A

(1). Whoever mixes or permits to be mixed with any liquor

sold or manufactured or possessed by him any noxious

drug or any foreign ingredient likely to cause disability

or grievous hurt or death to human beings, shall be

punishable –

(a)

if as a result of such an act, death is caused, with death or

imprisonment for life and shall also be liable to fine which may

extend to twenty lakh rupees;

(b)

if as a result of such an act, disability or grievous hurt is caused,

with imprisonment for a term which shall not be less than six years

but which may extend to imprisonment for life and with fine which

may extend to ten lakh rupees;

(c)

if as a result of such an act, any other consequential injury is caused

to any person, with imprisonment for a term which may extend to

one year and with fine which may extend to five lakh rupees; and

(d)

if as a result of such an act, no injury is caused, with imprisonment

which may extend to six months and with fine which may extend to

two lakh and fifty thousand rupees.

Explanation.- For the purpose of this section, the expression “grievous hurt”

shall have the same meaning as in section 320 of the Indian Penal Code, 1860.

(2) (i)

Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974), the court, when passing

an order under this Act, if it is satisfied that death or injury has been

caused to any person due to consumption of liquor sold in any place,

order the manufacturer and seller, whether or not he is convicted of

an offence, to pay, by way of compensation, an amount not less

than five lakh rupees to the legal representatives of each deceased

or three lakh rupees to the person to whom grievous hurt has been

caused, or fifty thousand rupees to the person for any other

consequential injury:

Amendment in

section 61 of

Punjab Act 1 of

1914.

Insertion of new

section 61-A in

Punjab Act 1 of

1914.

Penalty for

mixing or

permitting to mix

with liquor any

noxious drug.

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Provided that where the liquor is sold in a licensed shop, the

liability to pay the compensation under this section shall be on the licensee;

(ii)

Any person aggrieved by an order under clause (i) may, prefer an

appeal to the High Court within a period of ninety days from the

date of receipt of certified copy of order:

Provided that no appeal can be filled by the accused unless

the amount ordered to be paid under clause (i) is deposited by him

in the court:

Provided further that the High Court may entertain appeal

after the expiry of the said period of ninety days if it is satisfied that

the appellant was prevented by sufficient cause from preferring

the appeal in time.”

4.

In the principal Act, in section 63, for the words “one year” and “one

thousand”, the words “three years” and “ten thousand” shall respectively be

substituted.

Amendment

in section

63 of Punjab

Act 1 of 1914.

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2244/03-2021/Pb. Govt. Press, S.A.S. Nagar

STATEMENT OF OBJECTS AND REASONS

To check and eradicat the menace of illicit distillation and liquor, there

is a need to provide for deterrent punishment under the existing Excise Act.In

order to achieve that, a new section 61-A is required to be added and the

existing Section 61 and 63 of the Punjab Excise Act, 1914 are required to be

amended. This amendment Bill is aimed to achieve this objective.

AMARINDER SINGH,

Chief Minister, Punjab,

_________________

CHANDIGARH

SHASHI LAKHANPAL MISHRA,

THE 8^TH MARCH, 2021

SECRETARY.